Arbitration & Enforcement

Arbitration Clauses: When Is Arbitration Preferable to Court?

12 June 20266 min read

The speed, confidentiality and expertise offered by arbitration, alongside validity requirements and challenges to awards.

The arbitration agreement

An arbitration agreement may be a clause in the original contract or a separate submission agreement concluded after a dispute arises. It must be in writing and signed by a person authorised to dispose of the disputed right.

Benefits and limits

Arbitration can offer relative speed, confidentiality and specialist decision-makers, although it may be more costly. Matters that cannot legally be settled, including criminal and public-order issues, are not arbitrable.

Enforcing the award

The competent court confirms an award before it acquires executory force. Annulment is limited to defined grounds such as the absence of a valid agreement, excess of jurisdiction or denial of the right to present a defence.

This article is for general information only and does not constitute legal advice for any specific matter.

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